Legal Question in Family Law in Delaware

Spouse's personal property

My sister's ex husband is currently incarcerated for the next 3 years of a 5 year prison term. She was awarded a divorce back in August, 2001. She lives in the house with her 2 children (1 of which is his) and he has showed no income for the house since they moved in, back in 1998. He is a drug dealer. He has left some belongings (all of which are clothes) in the house and she has asked him several times to have them picked up by his friend. She wants them out. Can she discard his clothes since she has asked him to have them removed several times! Please help!


Asked on 1/07/02, 11:38 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Spouse's personal property

You didn't state in your question what the relationship of your sister and her ex is to the home they were living in at the time of his incarceration. If it was a rental, are both names on the lease. If they were owners, are both names on the deed? Was she awarded sole possession as part of the divorce?

I don't think she has a right to discard the clothes, since he had a right to keep them there before his incarceration. I think she can pack the clothes up and leave them in a safe place (perhaps with his friend or a relative, or in storage).

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Answered on 1/07/02, 12:35 pm


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